Fine received despite paying for the parking |
Fine received despite paying for the parking |
Wed, 13 Nov 2019 - 11:03
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#1
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New Member Group: Members Posts: 3 Joined: 13 Nov 2019 Member No.: 106,603 |
Hi all,
My car was parked in a car park managed by Smart Parking ltd in June, Saturday the 8th to be specific. All of the pay stations were down so the charge was paid using the phone number they have which let's you do it remotely and the charge is showing on the Monday to Smart Parking for £1.70. The car was parked for less than an hour and so the minimum hourly charge was paid. I've had a letter from Gladatones Solicitors dated 29th October saying this has been referred to them and to pay £170. I don't know if it took so long to get to me because I got my car using a loan and I'm not sure if it's still registered to the dealer until the loan agreement is paid off. I rang them to say I have the parking charge on my bank statement and there must have been something wrong especially as all of the pay stations were down I just assumed they had experiences some sort of issues that weekend. They've told me there's nothing I can do other than pay the fine or go to court, I appreciate its later on but I clearly paid for the parking and it seems crazy to me that those are my only 2 options. I've only had one parking fine before which was fair so I paid it but I'm just wondering if there is any way of dealing with this other than just paying them to make it go away or going to court. I really don't want a ccj because I'm looking to buy a house next year and so I'm partly thinking of just paying it because it isn't worth all the trouble but I've no idea other than that on what to do. Any advice or direction would really be appreciated. Thank you This post has been edited by Pla101: Wed, 13 Nov 2019 - 11:36 |
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Wed, 13 Nov 2019 - 11:03
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Wed, 13 Nov 2019 - 11:11
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#2
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Member Group: Members Posts: 28,687 Joined: 27 Nov 2007 Member No.: 15,642 |
1) Did you appeal to SMART? Yes or no
2) Your lease company would have recieved the NtK sometime in June, then they should have responded. Did you reveal the driver when you called Gladstones? (I assume that is who you mean by "them") Yes or No. Just say yEs or No. Dont provide more info. 3) This isnt a fine. Its NEVER a sodding fine. Its an invoice. Notice how it doesnt say its a fine anywhere? 4) You dont jsut "get a CCJ" - you have to lose and fial to pay in full within 1 month. Then you have something that counts. So If you did NOT reveal the driver, edit your post so we cant work out who drove. That advice is on EVERY thread. Clearly you never received a notice to hirer Even if you had done it would not have included the mandatory "hirer" enclosures to hold a HIrer liable under POFA2012, sched 4, para 14 If you cant be bothered, then pay. Th is si not a simple process - IF they file a claim it will take about 5 months to conclude the process, which WILL result ina court hearing. THis is not a five minute job If on the other hand you think this is disgraceful, then keep on Your first job will be to SAR (look it up) Smart Parking so you get a copy of your personal data. THis will uncover exactly WHY theyre charging you - for example, could be the VRM of your vehicle was not logged correctly on the phone app. |
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Wed, 13 Nov 2019 - 11:34
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#3
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New Member Group: Members Posts: 3 Joined: 13 Nov 2019 Member No.: 106,603 |
1 - No, I've only had the solicitors letter who I then called this morning
2 - No Thank you for the reply, I didn't think of a SAR to Smart, I'll look at that now. I feel partly like just paying it but then it's always the route I would usually take and another part is the principle. I can't see how I would lose it seems to just make sense to me that I clearly paid smart parking but I also realise I have absolutely no experience with this at all and have fortunately never really had any problems with speeding or parking fines etc so I don't know. |
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Wed, 13 Nov 2019 - 13:31
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#4
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Member Group: Members Posts: 28,687 Joined: 27 Nov 2007 Member No.: 15,642 |
These arent speeding or parking fines. These are ONLY invoices. Nothing more scary than that.
You MUSt respond to the LBA / LBC from Gladstones. THi s is a formal response 1) denying the debt; inform them that you are the hirer of the vehicle (as defined in POFA2012 schedule 4 para 14) and you cleaerly have no liablity in this matter, as their client failed to serve you a NOtice to Hirer within the relevant timescales AND it would nothave included the mandatory enclosures. Their claim has no prospect of success, and should they proceed to court you will claim your full costs on the indemnity basis, as their action will be venal and vexatious. 2) You aer seeking debt advice, and have submitted a SAR to their client to obtain the documents they failed to serve on you. You require they restrict processing for 30 days. You shluld also contact the lease company, get the lease companies records of what happened. |
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Wed, 13 Nov 2019 - 14:17
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#5
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New Member Group: Members Posts: 3 Joined: 13 Nov 2019 Member No.: 106,603 |
These arent speeding or parking fines. These are ONLY invoices. Nothing more scary than that. You MUSt respond to the LBA / LBC from Gladstones. THi s is a formal response 1) denying the debt; inform them that you are the hirer of the vehicle (as defined in POFA2012 schedule 4 para 14) and you cleaerly have no liablity in this matter, as their client failed to serve you a NOtice to Hirer within the relevant timescales AND it would nothave included the mandatory enclosures. Their claim has no prospect of success, and should they proceed to court you will claim your full costs on the indemnity basis, as their action will be venal and vexatious. 2) You aer seeking debt advice, and have submitted a SAR to their client to obtain the documents they failed to serve on you. You require they restrict processing for 30 days. You shluld also contact the lease company, get the lease companies records of what happened. Thank you, I've contacted Smart about the SAR and will email Gladstone with the above. Really appreciate the replies |
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Wed, 13 Nov 2019 - 14:32
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#6
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Member Group: Members Posts: 28,687 Joined: 27 Nov 2007 Member No.: 15,642 |
No
Show us what you intend to send FIRST. Did you contact SMARTs DPO? |
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